9.835
Energy price risk management contract.

(1)
"Energy price risk
management contract" means a contract that is intended to mitigate, for the
term of the contract, the price volatility of energy sources, including, but
not limited to, a contract or futures contract for natural gas, gasoline, oil,
and diesel fuel, and that is a budgetary and financial tool only and not a
contract for the procurement of an energy source.

(3)
"State entity"
means the general assembly, the supreme court, the court of claims, the office
of an elected state officer, or a department, bureau, board, office,
commission, agency, institution, or other instrumentality of this state
established by the constitution or laws of this state for the exercise of any
function of state government, but excludes a political subdivision, an
institution of higher education, the public employees retirement system, the
Ohio police and fire pension fund, the state teachers retirement system, the
school employees retirement system, the state highway patrol retirement system,
or the city of Cincinnati retirement system.

(4)
"State official" means the elected or
appointed official, or that person's designee, charged with the management of a
state entity.

(B)
If it
determines that doing so is in the best interest of the state entity or the
political subdivision, and subject to, respectively, state or local
appropriation to pay amounts due, a state official or the legislative or other
governing authority of a political subdivision may enter into an energy price
risk management contract. Money received pursuant to such a contract entered
into by a state official shall be deposited to the credit of the general
revenue fund of this state, and, unless otherwise provided by ordinance or
resolution enacted or adopted by the legislative authority of the political
subdivision authorizing any such contract, money received under the contract
shall be deposited to the credit of the general fund of the political
subdivision.

(C)
An energy price
risk management contract is not an investment for the purposes of section
135.14 of the Revised Code.